SB2098

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

UTILITIES COORDINATING COUNCIL

§ ‑1 Utilities coordinating council; establishment. (a) There is established a utilities coordinating council to coordinate the orderly planning and installation, removal, or relocation of underground facilities.

(b) Notwithstanding section 26‑34, the utilities coordinating council shall consist of:

(1) The heads of the following agencies or their designees:

(A) The department of transportation;

(B) The department of land and natural resources:

(i) Land division; and

(ii) State historic preservation division;

(D) The public utilities commission; and

(2) Two representatives from each local utilities coordinating council.

(c) The utilities coordinating council shall be placed within the department of transportation for administrative purposes.

(d) Members of the utilities coordinating council shall:

(1) Serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties; and

(2) Elect a chairperson from the membership.

§ ‑2 Utilities coordinating council; responsibilities. (a) The utilities coordinating council shall:

(1) Identify national best practices for utility coordination;

(2) Develop and implement a project development process to coordinate the orderly planning and installation, removal, or relocation of underground facilities;

(3) Meet at least quarterly at various locations throughout the State;

(4) Assist and promote the formation of local utility coordinating councils;

(5) Encourage agencies, utilities, contractors, and excavators, not already members, who are in any way involved in subsurface disturbance to attend local utility coordinating councils meetings; and

(6) Improve dialogue among those involved in subsurface disturbance, including agencies, utilities, contractors, and excavators.

(b) The utilities coordinating council shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session.

§ ‑3 Local utilities coordinating councils. (a) Local utilities coordinating councils may be formed in each county and consist of representatives of:

(1) The various county agencies involved in subsurface disturbance, including agencies related to maintenance, public works, planning, and permitting;

(2) The gas utility industry;

(3) The electric utility industry;

(4) The telecommunications utility industry;

(5) The pipeline operator industry;

(6) The cable service industry;

(7) The General Contractor Association of Hawaii; and

(8) The Building Industry Association of Hawaii.

(b) Members of each local utilities coordinating council shall:

(1) Serve without compensation; and

(2) Elect two representatives from the membership to serve on the state utilities coordinating council.

§ ‑4 Project development process. (a) All public utilities in the State shall comply with the project development process.

(b) The project development process shall:

(1) Emphasize early utility identification and coordination, including greater utility coordination in the design phase;

(2) Seek to resolve any utility coordination issues before construction begins;

(3) Minimize project delays, construction costs, and contractor claims that are associated with subsurface disturbance;

(4) Clarify roles and responsibilities;

(5) Provide consist application of procedures; and

(6) Solicit feedback.

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2098
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII